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| In re S.M.M., NO. COA06-1057,
COURT OF APPEALS OF NORTH CAROLINA, February 20, 2007, Filed
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| Kessler v. Shimp, NO. COA06-736,
COURT OF APPEALS OF NORTH CAROLINA, February 20, 2007, Filed
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Overview: Because, pursuant to the express terms of the insurance policy that covered the UIM liability to the injured person, the insurer properly took credit and setoff for the $ 2,000 it had previously paid to the injured person under the medical payments portion of its policy, summary judgment was properly granted in favor of the insurer.
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| Progress Energy Carolinas, Inc. v. Strickland, NO. COA06-20,
COURT OF APPEALS OF NORTH CAROLINA, February 20, 2007, Filed
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Overview: Trial court properly granted energy company's petition for private condemnation of property owner's property; evidence supported trial court's finding that his reasonable size garden was not affected, petition adequately described under N.C. Gen. Stat. § 40A-20 the easement to be condemned, and aviation statutes did not prohibit the condemnation.
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| Rainey v. N.C. Dep't of Pub. Instruction, NO. COA05-1609,
COURT OF APPEALS OF NORTH CAROLINA, February 20, 2007, Filed
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Overview: Trial court's judgment affirming state education board's decision to withhold a salary increase from teaching coordinator was reversed; state education board's interpretation of qualifying statute, N.C. Gen. Stat. § 115C-296.2, conflicted with that statute's language and she was entitled to the increase because she met that statute's requirements.
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| Ramboot Inc. v. Lucas, NO. COA06-357,
COURT OF APPEALS OF NORTH CAROLINA, February 20, 2007, Filed
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Overview: Attorney and his law firm were awarded summary judgment on their clients' legal malpractice suit because the last act of the attorney giving rise to the clients' cause of action under N.C. Gen. Stat. § 1-15(c) occurred no later than when the clients signed a release prepared by their insurer and took possession of their settlement check.
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| Sobczak v. Vorholt, NO. COA05-1298,
COURT OF APPEALS OF NORTH CAROLINA, February 20, 2007, Filed
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Overview: Trial court erred in refusing to instruct jury that defendant violated N.C. Gen. Stat. § 20-146(d) by not keeping his vehicle in his lane of travel. Evidence showed that defendant crossed center line and struck plaintiff's car and that defendant's actions before accident were negligent as he was traveling at an unsafe speed for icy road conditions.
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| State v. Anderson, NO. COA05-1520,
COURT OF APPEALS OF NORTH CAROLINA, February 20, 2007, Filed
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Overview: Motion to dismiss kidnapping charges was properly denied where evidence was sufficient to allow jury to consider whether victims had been released to safe place and to allow jury to conclude defendant committed acts of confinement, removal, or restrain as to each victim, separate and independent of his commission of burglary and armed robbery.
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| State v. Davis, NO. COA05-1506,
COURT OF APPEALS OF NORTH CAROLINA, February 20, 2007, Filed
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| State v. Funderburk, NO. COA06-549,
COURT OF APPEALS OF NORTH CAROLINA, February 20, 2007, Filed
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